1. Contract and Enrolment

1.1 These terms and conditions constitute the entirety of the terms of the legally binding contract (“the Contract”) between you (“the Student” or “you”) any Guarantor set out on the enrolment form (“the Guarantor”) and the London College of Garden Design Ltd. (“the College” or “we”).

1.2 Enrolment of a Student on a course is subject to written acceptance by the College upon which this Contract will come into force.

1.3 The Student must:

1.3.1 be fluent in English and must meet any English proficiency requirement specific to the course;

1.3.2 be at least 18 years of age at the start of the course;

1.3.3 and meet any other course specific requirements.

1.4 In consideration of the College entering into these terms with the Student, the Guarantor guarantees that the Student will fully abide by and comply with these terms and in the event of any failure or breach by the Student, will upon written notice of such failure or breach make good any loss or damage to the College consequent upon any such failure or breach.

2. Fees

2.1 Applications should be accompanied by:

2.1.1 in the case of Diploma and Certificate courses, a non-returnable registration fee of £150 and,

2.1.2 in the case of all other courses, the full course fee, which will be returned if no place is offered.

2.2 A deposit is payable within seven days of the offer to secure the offer of a Diploma or Certificate course place. This deposit is non-refundable after eight weeks prior to course commencement save that the course fee will be returned if the course is cancelled or oversubscribed.

2.3 The balance of the fees for a Diploma or Certificate course is payable eight weeks prior to the start of the course.

2.4 If fees become overdue, the College reserves the right to charge interest at 2% above the bank base rate. In the event of non-payment within 30 days of the date for payment the College reserves the right to terminate the Contract and award the place to another Student. The College will have no obligation to refund any part of the fee paid by the defaulting Student but may do so in its absolute discretion.

2.5 The Student will notify the College immediately of any circumstances that may prevent the payment of fees on time.

2.6 The Student is liable for the cost of any bank or transaction charges related to payment of fees.

2.7 The College reserves the right to increase course fees at any time prior to the start of the course but will not do so in excess of 5% of the course fees. The price of any course will be that ruling on the day of acceptance of your enrolment by the College.

2.8 The College will not reimburse fees in full or in part if the Student:

2.8.1 is excluded from the College for any reason;

2.8.2 is unable to attend the course for any personal reason;

2.8.3 fails to complete the course.

2.9 In the event of the Student’s expulsion, any unpaid fees will continue to be due and payable immediately.

3. Termination

3.1 If the Student wishes to withdraw from the course and gives eight weeks’ notice in writing before the start of a course, the College will refund any payment made in excess of any registration fee or deposit.

3.2 To be effective, the notice must be delivered not later than eight weeks before the start of the course.

3.3 Withdrawal from a course after its start date means that the Student has lost the right to terminate the contract and the College will retain all fees paid.

4. Course Amendments

4.1 The College reserves the right at any time to make changes to the course syllabus, lecturers, timing and any other details of a course as the Directors deem necessary.

4.2 The College reserves the right to cancel all or part of a course at any time subject to repayment of fees received in relation to the cancelled part of the course.

5. Awards

5.1 The College reserves the right not to award a Certificate or Diploma if:

5.1.1 the Student does not reach the minimum pass mark for the course; or

5.1.2 the Student is absent for any reason for more than 10% of the course.

5.2 The Diploma or Certificate is awarded by The London College of Garden Design and the Student is restricted to referring to their award as ‘The Garden Design Diploma (or Planting Design Diploma or Construction Design Certificate as appropriate) from the London College of Garden Design’. No reference to Royal Botanic Gardens, Kew or Kew Gardens should be made.

6. Exclusion

6.1 The College reserves the right to exclude the Student either permanently or temporarily from the College if:

6.1.1 it has reason to believe that the Student poses a risk to other Students or staff; or

6.1.2 the Directors deem the Student’s conduct to be inappropriate or disruptive; or

6.1.3 the Student is persistently in breach of these terms and conditions or the house rules and course-specific rules notified to the Student from time to time; or

6.1.4 the Student has misled the College on their application form; or

6.1.5 the Student does not meet the course’s specific attendance requirements or what in the view of the Directors (the Directors’ decision being final) shall constitute a reasonable requirement for the Student’s attendance on the course in question such that the Student will achieve the learning objectives; or

6.1.6 the Student’s fees are overdue after expiry of a written warning that the Student will be excluded if fees are not paid by a specified date.

7. Copyright

7.1 The Student will comply with all UK and EU copyright legislation.

7.2 If required by the College, the Student shall make coursework available to it for copying and the College shall retain the right to make and use copies of the coursework for any reasonable purpose. Subject thereto, on completion of the course, ownership and copyright of each Student’s coursework shall be granted to the Student.

7.3 The Student grants the College all necessary rights to use for any reasonable purpose photographic images of the Student made during the course.

7.4 All materials including lecture notes and images whether supplied as a download or in any other way, remain the copyright of the College and, if appropriate, the individual tutor. They are for the Student’s sole use only and should not be copied or supplied to anyone else for whatever purpose.

8. Limit to Liability

8.1 The College shall not be liable for:

8.1.1 any loss of personal property; or

8.1.2 the consequences of events beyond its reasonable control; or

8.1.3 any indirect or consequential losses, damages or loss of profits; or

8.1.4 any costs incurred by the Student in producing their coursework.

8.1.5 any act or omission by any other Student or by Royal Botanic Gardens, Kew in relation to the premises where lectures are provided.

8.2 Students are required to take all reasonable precautions to ensure the health and safety of themselves and others at Royal Botanic Gardens, Kew and when visiting sites including the wearing of personal protective equipment.

9. Your Personal Data

9.1 The College will keep the Student’s personal details confidential at all times. However, one of the benefits of this course is that the College is able to provide membership of various organisations and with software for which the College may have to provide limited contact data. If the College needs to do this the College will inform the Student before doing so.

9.2 The College also finds it beneficial to the Student’s learning for basic contact details of email address and mobile telephone number to be shared with your colleagues on your course in order that you can be in contact with and support each other. Should the Student not wish this to happen the Student must let the College know in writing.

10. Studying Online

10.1 The College will endeavour to provide equipment in classrooms to provide lectures and tutorials online and to enable you to study online alongside Students who are attending in-person. This includes computer equipment and software.

10.2 The College uses the corporate internet service provided for us by Royal Botanic Gardens, Kew, and other software to deliver lectures online. We are not liable for the delivery of teaching that is impacted by the performance of the internet service provided to us but, in the event of the internet being unavailable, we will work with you to ensure you catch up with any teaching that might have been missed.

10.3 The College is not liable for the performance of your own hardware, software and internet access including browser. However, we will endeavour to make recordings available of most lectures within 10 days of the lecture taking place. Studio sessions are generally not recorded.

10.4 When you decide to study online, you will be expected to study with classroom-based Students in real-time to get the most benefit from your course and therefore not fully rely on recordings that may be available.

11. General

11.1 The Contract contains all the contractual terms agreed between you, the Guarantor and the College. Information provided in the Prospectus is liable to change, intended to give a general picture and not representations or contractual terms. No variation shall be of any effect unless in writing and signed on behalf of the College. There are no terms to be implied and no representations have been made and no representations may be relied upon contrary to the terms stated in the Contract. The contract is not assignable by the Student.

11.2 No failure or delay by the College in enforcing any of its rights under the Contract shall be deemed to be a waiver of such right.

11.3 The Contract shall be governed by English Law.